HB 2347

PRIOR PRINTER'S NO. 3143  PRINTER'S NO.   3178
             THE GENERAL ASSEMBLY OF PENNSYLVANIA
                 HOUSE BILL
                 No. 2347
                                        Session of
                                          2026
INTRODUCED BY FIEDLER, O'MARA, STEELE, DOUGHERTY, WAXMAN, HILL-
   EVANS, PROKOPIAK, D. WILLIAMS, MADDEN, SANCHEZ, PIELLI,
   GIRAL, RIVERA, SCHLOSSBERG, KENYATTA, HANBIDGE, HOHENSTEIN,
   NEILSON, BOROWSKI, MAYES, BOYD, INGLIS, CIRESI, CEPEDA-
   FREYTIZ AND PARKER, APRIL 7, 2026
AS REPORTED FROM COMMITTEE ON ENERGY, HOUSE OF REPRESENTATIVES,
   AS AMENDED, APRIL 13, 2026
                             AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2    "An act providing for and reorganizing the conduct of the
3    executive and administrative work of the Commonwealth by the
4    Executive Department thereof and the administrative
5    departments, boards, commissions, and officers thereof,
6    including the boards of trustees of State Normal Schools, or
7    Teachers Colleges; abolishing, creating, reorganizing or
8    authorizing the reorganization of certain administrative
9    departments, boards, and commissions; defining the powers and
10    duties of the Governor and other executive and administrative
11    officers, and of the several administrative departments,
12    boards, commissions, and officers; fixing the salaries of the
13    Governor, Lieutenant Governor, and certain other executive
14    and administrative officers; providing for the appointment of
15    certain administrative officers, and of all deputies and
16    other assistants and employes in certain departments, boards,
17    and commissions; providing for judicial administration; and
18    prescribing the manner in which the number and compensation
19    of the deputies and all other assistants and employes of
20    certain departments, boards and commissions shall be
21    determined," in energy development authority and emergency
22    powers, further providing for definitions, for Energy  <--
23    Development Authority, for annual report, for powers and
24    duties and for authority indebtedness. REDESIGNATING THE      <--
25    ENERGY DEVELOPMENT AUTHORITY TO THE ENERGY FINANCING
26    AUTHORITY; FURTHER PROVIDING FOR DEFINITIONS, FOR ENERGY
27    DEVELOPMENT AUTHORITY, FOR ANNUAL REPORT, FOR POWERS AND
28    DUTIES AND FOR AUTHORITY INDEBTEDNESS; AND MAKING EDITORIAL
29    CHANGES.
1    The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3    Section 1.   The definitions of "cost" and "project" in  <--
4 section 2801-C of the act of April 9, 1929 (P.L.177, No.175),
5 known as The Administrative Code of 1929, are amended to read:
6    SECTION 1.   THE HEADING OF ARTICLE XXVIII-C OF THE ACT OF      <--
7 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
8 CODE OF 1929, IS AMENDED TO READ:
9ARTICLE XXVIII-C
10  ENERGY [DEVELOPMENT] FINANCING AUTHORITY AND EMERGENCY POWERS
11    SECTION 2.   THE DEFINITIONS OF "AUTHORITY," "COST" AND
12 "PROJECT" IN SECTION 2801-C OF THE ACT ARE AMENDED TO READ:
13    Section 2801-C.   Definitions.--The following words and
14 phrases when used in this article shall have the meanings given
15 to them in this section unless the context clearly indicates
16 otherwise:
17    "AUTHORITY" MEANS THE ENERGY [DEVELOPMENT] FINANCING  <--
18 AUTHORITY.
19    * * *
20    "Cost" means the expense of construction and the expense of
21 acquisition of all structures, equipment, fixtures, lands and
22 other property rights and interests in land necessary to a
23 project. The term also includes the expense of demolishing,
24 removing or relocating any buildings, equipment, fixtures or
25 structures on lands acquired or to be acquired, including the
26 expense of acquiring any lands to which such buildings,
27 equipment, fixtures or structures may be moved or relocated;
28 storm water management; sewage treatment, waste treatment and
29 pollution control facilities; [railroad sidings, spurs or branch
30 lines;] all labor, materials, machinery, fixtures and
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1 equipment[, fixtures]; financing charges; interest on all bonds
2 prior to and during construction, and for a period of one year
3 thereafter; engineering, financial and legal services; plans,
4 specifications, studies, surveys necessary or incidental to
5 determining the feasibility or practicability of constructing a
6 project; administrative expenses; reserves for interest and for
7 extension, enlargements, additions and improvements; and such
8 other expenses as may be necessary or incidental to the
9 construction of the project and the placing of the same in
10 operation[.], including expenses for energy audits,
11 environmental and geotechnical surveys, permits and other
12 necessary approvals, planning and financing.
13    * * *
14    "Project" means [an] a structure, fixture, real or other
15 property or property right or interest, facility, undertaking or
16 activity, entirely or largely located or conducted in
17 Pennsylvania, which cannot be effectively funded using privately
18 available resources, relating to:
19    (1)   basic and applied research concerning energy use,
20 renewable energy resources and energy extraction, transmission,
21 storage or conversion;
22    (2)   limited scale demonstration of innovative or
23 commercially unproven technology to promote the production, use
24 or conservation of energy; [or]
25    (3)   activities to promote or remove obstacles to the
26 utilization and transportation of Pennsylvania energy resources,
27 including but not limited to limited scale synthetic fuel
28 facilities and the conversion or technological improvement of
29 industrial, commercial or agricultural systems to utilize
30 Pennsylvania INDIGENOUS ENERGY RESOURCES, INCLUDING coal or        <--
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1 renewable energy resources: Provided, That no such facility
2 unreasonably interferes with private waste recycling
3 industries[.];
4    (4)   the development, generation, conservation, management,
5 delivery or storage of renewable energy resources for
6 residential, commercial, industrial, governmental, agricultural,
7 transportation or cogeneration use on an individual or
8 aggregated basis; or
9    (5)   the strengthening of the resiliency of infrastructure
10 that supports the development, generation, conservation,
11 management, delivery, storage or efficient use of energy.
12    Section 2.    Section 2803-C(b)(1), (2), (3) and (4) and (d) of <--
13 the act are amended and the section is amended by adding a
14 subsection to read:
15    Section 2803-C.     Energy Development Authority.--* * *
16    SECTION 3.    THE ACT IS AMENDED BY ADDING A SECTION TO READ:   <--
17    SECTION 2801.1-C.     REDESIGNATION OF AUTHORITY.--(A)   THE
18 ENERGY DEVELOPMENT AUTHORITY SHALL BE KNOWN AS THE ENERGY
19 FINANCING AUTHORITY.
20    (B)   A REFERENCE IN A STATUTE, REGULATION, CONTRACT,
21 AGREEMENT, CERTIFICATION, REGISTRATION, APPLICATION OR LEGAL OR
22 GOVERNMENTAL DOCUMENT TO THE ENERGY DEVELOPMENT AUTHORITY SHALL
23 BE DEEMED TO BE A REFERENCE TO THE ENERGY FINANCING AUTHORITY.
24    (C)   THE REDESIGNATION OF THE AUTHORITY UNDER SUBSECTION (A)
25 SHALL NOT AFFECT THE POWERS, DUTIES, OBLIGATIONS, RIGHTS,
26 LIABILITIES, CLAIMS, DEFENSES OR OFFICIAL ACTIONS OF THE
27 AUTHORITY. THE AUTHORITY MAY CONTINUE TO IDENTIFY ITSELF AS THE
28 ENERGY DEVELOPMENT AUTHORITY FOR THE PURPOSE OF LITIGATION
29 COMMENCED PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION.
30    (D)   A CERTIFICATE, CONTRACT, AGREEMENT, DEED, FORM,
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1 APPLICATION, LICENSE, PERMIT, NOTICE, CERTIFICATION,
2 REGISTRATION, STATIONERY OR OTHER DOCUMENT ISSUED, EXECUTED OR
3 USED BY THE AUTHORITY UNDER THE NAME ENERGY DEVELOPMENT
4 AUTHORITY SHALL REMAIN VALID AND EFFECTIVE UNTIL REVISED,
5 REPLACED OR EXHAUSTED. THE AUTHORITY MAY CONTINUE TO USE THE
6 NAME ENERGY DEVELOPMENT AUTHORITY ON DOCUMENTS, MATERIALS AND
7 OTHER PROPERTY UNTIL THE AUTHORITY DETERMINES THAT REPLACEMENT
8 IS APPROPRIATE IN THE ORDINARY COURSE OF BUSINESS.
9(E)   THE AUTHORITY SHALL NOT BE REQUIRED TO REPLACE SIGNAGE,
10 ELECTRONIC SYSTEMS OR OTHER MATERIALS SOLELY TO REFLECT THE
11 REDESIGNATION UNDER SUBSECTION (A), BUT MAY MAKE THOSE CHANGES
12 IN THE ORDINARY COURSE OF BUSINESS OR AS PART OF A SCHEDULED
13 UPGRADE, REPLACEMENT OR MAINTENANCE CYCLE.
14SECTION 4.   SECTION 2803-C HEADING, (A), (B)(1), (2), (3) AND
15 (4) AND (D) OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY
16 ADDING A SUBSECTION TO READ:
17SECTION 2803-C.   ENERGY [Development] FINANCING AUTHORITY.--
18 (A)    THERE IS HEREBY ESTABLISHED THE ENERGY [Development]
19 FINANCING AUTHORITY.
20(b)   The authority shall be governed and all of its corporate
21 powers exercised by a board of directors which shall be composed
22 of the following individuals:
23(1)   [Nine] Five members to be appointed by the Governor[,
24 one of whom shall be designated as chairman]. At least two
25 members shall be members of the general public. The members
26 initially appointed shall serve for terms of two, three and four
27 years, respectively, the particular term of each to be
28 designated by the Governor at the time of appointment. The terms
29 of all of their successors shall be four years each, except that
30 any person appointed to fill a vacancy shall serve only for the
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1 unexpired term. Every member's term shall extend until his
2 successor is appointed and qualified. Any appointment of a
3 member of the authority shall be subject to the advice and
4 consent of a majority of all of the members of the Senate. Any
5 appointed member of the authority shall be eligible for
6 reappointment.
7    (2)   The Secretary of Environmental [Resources or his]
8 Protection or the secretary's designee.
9    (3)   The Secretary of [Banking or his] Conservation and
10 Natural Resources or the secretary's designee.
11    (4)   The Secretary of [Commerce or his] Community and
12 Economic Development or the secretary's designee.
13    * * *
14    (d)   The board of directors shall provide for the holding of
15 regular and special meetings. [Ten] Eight directors attending
16 shall constitute a quorum for the transaction of any business
17 and at least [six] five votes shall be required to adopt any
18 action, except that at least [nine] seven votes shall be
19 required to approve financial assistance for any project.
20    (e)   The Governor shall designate a member of the board to
21 serve as chairperson. The members shall select from among
22 themselves other officers as the members deem necessary.
23    Section 3.    Section 2805-C of the act is amended to read:     <--
24    SECTION 5.    SECTION 2805-C OF THE ACT IS AMENDED TO READ:     <--
25    Section 2805-C.   Annual Report.--The board shall make an
26 annual report of the authority's activities for the preceding
27 fiscal year not later than one hundred [twenty] eighty days
28 after the conclusion thereof to the Governor and the General
29 Assembly. Each such report shall contain a statement of
30 activities and a complete operating and financial statement
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1 covering the operations of the authority during such year.
2    Section 4.   Section 2806-C(2), (11), (14) and (18) of the act <--
3 are amended and the section is amended by adding paragraphs to
4 read:
5    SECTION 6.   SECTION 2806-C(1), (2), (11), (14) AND (18) OF     <--
6 THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING
7 PARAGRAPHS TO READ:
8    Section 2806-C.    Powers and Duties.--The authority, as a
9 public corporation and governmental instrumentality exercising
10 public powers of the Commonwealth, is hereby granted and shall
11 have and may exercise all powers necessary or appropriate to
12 carry out and effectuate the purposes of this article, including
13 the following powers, in addition to others herein granted:
14    * * *  <--
15    (1)    TO CONDUCT EXAMINATIONS AND INVESTIGATIONS AND TO TAKE   <--
16 TESTIMONY, UNDER OATH OR AFFIRMATION, AT PUBLIC OR PRIVATE
17 HEARINGS, ON ANY MATTER MATERIAL FOR ITS INFORMATION AND
18 NECESSARY TO THE DETERMINATION AND APPROVAL OF ENERGY
19 [DEVELOPMENT] FINANCING PROJECT LOAN APPLICATIONS.
20    [(2)    To have existence for a term of fifty years, or until
21 its existence shall be terminated by law.]
22    (2.1)   To have existence until the later of ten years after
23 the effective date of this paragraph or one hundred eighty days
24 after the authority finally pays and discharges all debts, bonds
25 and other liabilities, including all interest due on the debts,
26 bonds and other liabilities, and settles all other outstanding
27 claims against the authority.
28    * * *
29    (11)    To lease, lease with an option to purchase, sell by
30 installment sale or otherwise, or to otherwise dispose of, any
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1 or all of its projects, or any or all of its real or other
2 property or property rights or interests necessary for a
3 project, in whole or in part, for such rentals or amounts and
4 upon such terms and conditions as the authority may deem proper.
5    * * *
6    (14)    To [make grants] provide grants, loans, loan
7 guarantees, rebates and dividends to fund [research] or support
8 projects, including pilot programs for projects.
9    * * *
10    (18)    To receive appropriations and apply for and accept
11 grants, gifts, donations, bequests and settlements from any
12 public, quasi-public, nonprofit or private source[.], including
13 the Federal Government, the Commonwealth or any political
14 subdivision of the Commonwealth, corporation, association,
15 partnership, nonprofit corporation, charitable organization,
16 foundation, estate or individual. Funds received by the
17 authority shall be deposited in the Energy Development Fund and
18 used for the purposes of the authority. As used in this
19 paragraph, the term "grant" includes all of the following:
20    (i)    The tax refund generated by the authority's elective
21 payment of an applicable Federal tax credit.
22    (ii)    To the extent permitted by Federal law, a tax credit,
23 or the total or partial dollar value of a tax refund generated
24 by the elective payment of a tax credit, that is transferred,
25 assigned, paid, conveyed to or shared with the authority by a
26 public, quasi-public, nonprofit or private entity.
27    (19)    To establish, through bylaws and amendments to the
28 bylaws, the authority's fiscal year.
29    (20)    To consider assistance to low-income and moderate-
30 income individuals and disadvantaged communities, assistance to
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1 small businesses and local governmental entities and job
2 creation, retention and training in establishing and
3 effectuating the authority's priorities.
4    (21)     To plan, design, develop, finance, construct, own,
5 operate, maintain and improve projects, including pilot programs
6 for projects, either alone or jointly with another entity, if
7 the authority or a wholly owned subsidiary of the authority
8 maintains majority ownership of a project at all times unless or
9 until the authority terminates its interest in the project
10 consistent with this section. This paragraph shall apply to a
11 project on real property that the authority does not own or in
12 which the authority does not have a property right or interest,
13 subject to agreement by the owner of the real property, right or
14 interest.
15    (22)     To provide capital, leverage private capital, provide
16 credit enhancements, facilitate the packaging of savings
17 generated by individual energy management devices into
18 marketable securities, make investments and provide other forms
19 of financial assistance to support the development or deployment
20 of renewable energy resources in this Commonwealth, either
21 directly or by contract with an external administrator acting
22 under the oversight of the authority. The authority or its
23 contractor may invest in or finance projects alone or in
24 conjunction with other investors, including community
25 development financial institutions, insured credit unions,
26 depository institutions and nonprofit organizations that perform
27 lending activities. Except as otherwise provided in this act,
28 neither the authority nor its contractor may provide typical
29 banking functions or accept deposits other than deposits from
30 repayments and other revenue received from financial assistance
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1 provided under this section.
2    (23)     To acquire, own, lease or maintain real or other
3 property or property rights or interests necessary for a
4 project.
5    (24)     To apply for and receive and assist a public, quasi-
6 public, nonprofit or private entity in applying for and
7 receiving a Federal tax refund generated by the elective payment
8 of an applicable Federal tax credit. The authority may charge a
9 reasonable fee for assistance provided under this paragraph and
10 shall deposit fees collected under this paragraph into the
11 Energy Development Fund for the purposes of the authority.
12    Section 5.     Section 2807-C(j) introductory paragraph of the   <--
13 act is amended to read:
14    SECTION 7.     SECTIONS 2807-C(J) INTRODUCTORY PARAGRAPH, 2809-C <--
15 HEADING, (A) INTRODUCTORY PARAGRAPH AND (B) AND 2811-C(A) AND
16 (C) OF THE ACT ARE AMENDED TO READ:
17    Section 2807-C.     Authority Indebtedness.--* * *
18    (j)     In the event that the authority shall default in the
19 payment of principal [of] or premium, if any, or interest on any
20 issue of bonds after the principal, premium or interest shall
21 become due, whether at maturity, upon call for redemption or
22 otherwise and such default shall continue for a period of thirty
23 days or in the event that the authority shall fail or refuse to
24 comply with the provisions of this act or shall default in any
25 agreement made with the holders of the bonds, the holders of
26 twenty-five percent (25%) in aggregate principal amount of the
27 bonds then outstanding of such issues, by instrument or
28 instruments filed in the Office of the Prothonotary of the
29 Commonwealth Court, may appoint a trustee to represent the
30 bondholders for the purpose herein provided. Such trustee and
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1 any trustee under any indenture or other agreement, may, and
2 upon written request of the holders of twenty-five percent
3 (25%), or such other percentage as may be specified in any
4 indenture or other agreement aforesaid, in principal amount of
5 the particular issues of bonds then outstanding, shall, in his
6 or its own name:
7    * * *
8    SECTION 2809-C.   ENERGY [DEVELOPMENT] FINANCING PLAN.--(A)     <--
9 IN ORDER TO DEVISE THE MOST EFFECTIVE STRATEGY FOR PROVIDING THE
10 FINANCIAL AND TECHNICAL ASSISTANCE AUTHORIZED IN THIS ARTICLE,
11 THE AUTHORITY SHALL PUBLISH, WITHIN ONE HUNDRED EIGHTY DAYS OF
12 THE EFFECTIVE DATE OF THIS ACT, A PLAN FOR THE ALLOCATION AND
13 DISTRIBUTION OF FINANCIAL AND TECHNICAL ASSISTANCE. THE ENERGY
14 [DEVELOPMENT] FINANCING PLAN SHALL:
15    * * *
16    (B)   THE AUTHORITY SHALL HOLD PUBLIC HEARINGS AT LOCATIONS
17 THROUGHOUT THE COMMONWEALTH TO RECEIVE COMMENTS UPON AND
18 SUGGESTIONS FOR THE IMPROVEMENT OF THE ENERGY [DEVELOPMENT]
19 FINANCING PLAN. THESE HEARINGS SHALL BE CONCLUDED WITHIN NINETY
20 DAYS OF THE PUBLICATION OF THE INITIAL PLAN. NOT MORE THAN
21 NINETY DAYS FOLLOWING THE COMPLETION OF HEARINGS, THE AUTHORITY
22 SHALL PROMULGATE ITS FINAL ENERGY [DEVELOPMENT] FINANCING PLAN.
23    SECTION 2811-C.   FUNDING OF THE AUTHORITY.--(A)   THE SUM OF
24 TWO MILLION DOLLARS ($2,000,000) IS HEREBY SPECIFICALLY
25 APPROPRIATED TO THE AUTHORITY TO BE DEPOSITED IN A SPECIAL
26 ACCOUNT TO BE CREATED IN THE TREASURY OF THE COMMONWEALTH TO BE
27 KNOWN AS THE ENERGY [DEVELOPMENT] FINANCING FUND. THE FUND SHALL
28 BE USED TO PREPARE THE ENERGY [DEVELOPMENT] FINANCING PLAN, TO
29 PAY FOR INITIAL ADMINISTRATIVE COSTS ASSOCIATED WITH INITIAL
30 BOND ISSUES, TO MAKE GRANTS FOR LIMITED RESEARCH, AND PURSUANT
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1 TO THIS ACT TO ESTABLISH SUCH RESERVES AS IN THE JUDGMENT OF THE
2 AUTHORITY WITH RESPECT TO LOANS GUARANTEED OR BONDS ISSUED BY
3 THE AUTHORITY MAY BE NECESSARY OR DESIRABLE OR TO ACCOMPLISH ANY
4 OTHER OF ITS CORPORATE PURPOSES.
5    * * *
6    (C)   AT ANY TIME THAT THE AUTHORITY SHALL DETERMINE THAT
7 FUNDS HELD FOR THE CREDIT OF THE ENERGY [DEVELOPMENT] FINANCING
8 FUND ARE IN EXCESS OF THE AMOUNT NEEDED TO CARRY OUT THE
9 PURPOSES OF THIS ARTICLE, THE AUTHORITY SHALL TAKE SUCH ACTION
10 AS SHALL BE REQUIRED TO RELEASE SUCH EXCESS FROM THE FUND AND
11 TRANSFER THE SAME TO THE GENERAL FUND OF THE STATE TREASURY.
12    Section 6 8.   This act shall take effect immediately.  <--
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